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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Himashmi Saikia, C/o. Pinky Borah Saikia – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary, Health And Family Welfare Department – Respondent
| Table of Content |
|---|
| 1. petitioners participated in recruitment process. (Para 2 , 3) |
| 2. arguments regarding reservation impact on recruitment. (Para 4 , 5 , 6) |
| 3. change in recruitment rules questioned post-selection. (Para 8 , 9) |
| 4. supreme court's decision on recruitment procedure. (Para 10 , 11) |
| 5. court directs appointment from existing select list. (Para 12 , 13 , 14) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. M. Khan, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Addl. AG, Assam appearing for the State/ respondent.
2. The petitioners by way of instituting the present proceeding have assailed a notice dated 13-10-2024 issued towards cancellation of the recruitment process initiated vide advertisement dated 30-07-2022 in respect of the posts against which the process of recruitment, was not taken to its logical conclusion.
3. The petitioners in pursuance to an advertisement dated 30-07-2022 issued by the Mission Director, NHM, Assam, inviting applications for engagement on contractual basis against various posts, including the post of Rehabilitation Workers, having fulfilled the requisite eligibility criteria had submitted their respective candidature for conside
The recruitment process cannot be altered post-advertisement; candidates retain rights if the selection was conducted properly.
Decisions affecting public employment must be lawful and justified, with candidates not holding an indefeasible right to appointment, but protected from arbitrary state actions.
The State's decision to cancel recruitment must be bona fide and non-arbitrary; candidates do not have an absolute right to appointment despite being placed in the merit list.
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